header-logo header-logo

A model expert

21 February 2019 / Martin Burns
Issue: 7829 / Categories: Features , Profession , Expert Witness
printer mail-detail

Martin Burns reflects on the ever-changing role & duties of the expert witness

  • Being a technical expert does not necessarily make someone a good expert witness.

The use of experts to inform legal proceedings is nothing new. The ancient Romans, for example, occasionally employed handwriting specialists and land surveyors as legal experts. However, the systematic use of expert witnesses, and the routine admissibility of their testimony and subject matter expertise, really began to develop properly from around 250 years ago.

The model we recognise today whereby an expert witness is permitted to testify in court and provide opinion evidence can be traced to 1772. In the case of Folkes v Chadd, a civil engineer by the name of John Smeaton was instructed to provide testimony about technical issues concerning the development of a harbour at Wells-Next-The-Sea in Norfolk. The court’s decision in 1772, to use Smeaton’s opinion evidence to inform its substantive decision, was a starting point for a continuous expansion of expert testimony in court and other proceedings.

For

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll